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58.6 million dollar brain injury verdict due to obstetrician’s failure to perform a timely c-section

According to the Hartford Courant, a new record jury verdict for medical malpractice was set at $58.5 million. The brain injury lawsuit involved an obstetrician who was alleged to have waited too long to perform a cesarean section. Failure to perform a timely c-section resulted in a loss of oxygen to the baby’s brain, which caused the baby to be permanently brain damaged.

After six years of trying to have children, the parents had finally resorted to the costly use of in-vitro fertilization just to become pregnant. Unfortunately, after waiting so long for their child’s arrival, “when my son was born, he was born not breathing, blue, limp,” said the mother about her only child to the Hartford Courant. “He had seizures; he was on a ventilator. So, we knew something terrible had happened to [him].” The child was born in February of 2003, but only now the parents are finally receiving the money to help with his medical care from those who caused the injury. The medical malpractice jury award was $8.6 million in economic damages for past and future care of the child and $50 million in non-economic damages. Non-economic damages are at the jury’s discretion. The possibility of interest would increase this number by millions.

Medical care for the child is expensive and a full-time job for his mother. The child must be fed through a tube and is wheelchair-bound. He is also unable to speak and is incontinent. “Pretty much everything is dedicated and surrounded around Danny and his needs, and we do them with pleasure because he’s out son. We love him,” the mother told the Hartford Courant.

Chicago brain injury lawyers at Levin and Perconti understand the family’s emotional and financial difficulty in situations created when a health care provider fails to perform a timely c-section. Life-long care for the child is a full-time job. Expecting families should be aware of the risks of the failure to perform a timely c-section before it is too late.